Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Tuesday, January 18, 2011

The End of Per Se Illegal Tying

Posted by D. Daniel Sokol

Christopher Leslie (UC Irvine Law) predicts The End of Per Se Illegal Tying.

ABSTRACT: When making predictions about the future of antitrust law, one can err in one of two directions: making a bold prediction that is provocative but ultimately wrong or making a conservative prediction that proves accurate but safe. In my essay for this symposium in which we are asked to speculate about changes in antitrust law in the next 15 years, I pursue the safe path. I predict that by the year 2025, courts will have ceased calling tying arrangements per se illegal and will evaluate them under a traditional the rule of reason analysis.

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